Bill H.104
188th (2013 - 2014)

An Act relative to the disclosure of information held by the disabled persons protection commission pursuant to general laws chapter 19C

Bill Title: An Act relative to the disclosure of information held by the disabled persons protection commission pursuant to general laws chapter 19C

By Miss Gregoire of Marlborough, a petition (accompanied by bill, House, No. 104) of Danielle W. Gregoire and Kay Khan relative to the disclosure of certain information by the Disabled Persons Protection Commission. Children, Families and Persons with Disabilities.

SECTION 1. CHAPTER 19C OF THE GENERAL LAWS, AS APPEARING IN THE 2004 OFFICIAL EDITION, IS HEREBY AMENDED BY ADDING AFTER SECTION 3 THE FOLLOWING SECTION:

§3A. DISCLOSURE OF RECORDS

A) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, ALL RECORDS CONTAINING PERSONAL DATA WHICH ARE CREATED, COLLECTED, USED, MAINTAINED OR DISSEMINATED PURSUANT TO THIS CHAPTER SHALL NOT BE PUBLIC RECORDS, AND SHALL BE GOVERNED BY THE PROVISIONS OF CHAPTER SIXTY-SIX A, THE NOTICE PROVISIONS OF SECTION SIXTY-THREE OF CHAPTER THIRTY AND THE ENFORCEMENT PROVISIONS OF SECTION THREE B OF CHAPTER TWO HUNDRED AND FOURTEEN.

B) ANY EMPLOYEE OF THE COMMISSION OR A DESIGNATED AGENCY WHO VIOLATES THE PROVISIONS OF CHAPTER SIXTY-SIX A, AS MODIFIED BY THIS SECTION, WITH RESPECT TO RECORDS CREATED OR MAINTAINED UNDER THIS CHAPTER SHALL BE PUNISHED BY A FINE

OF NOT MORE THAN FIVE HUNDRED DOLLARS, OR IF HARM SHALL HAVE RESULTED TO ANY ONE WHOSE PRIVACY WAS SOUGHT TO BE PROTECTED BY THE PROVISION VIOLATED, BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, AND IF SUCH EMPLOYEE IS EMPLOYED

BY THE COMMONWEALTH, HE SHALL ALSO BE SUBJECT TO ADMINISTRATIVE DISCIPLINARY ACTION PURSUANT TO REGULATIONS ADOPTED BY THE COMMISSION UNDER SECTION THREE OF THIS CHAPTER.

C) NO PROVISION OF CHAPTER SIXTY-SIX A, SECTION ONE HUNDRED AND THIRTY-FIVE OF CHAPTER ONE HUNDRED AND TWELVE OR THIS SECTION RELATING TO CONFIDENTIAL DATA OR CONFIDENTIAL COMMUNICATIONS SHALL PROHIBIT THE COMMISSION FROM MAKING REPORTS TO A DISTRICT ATTORNEY, THE ATTORNEY GENERAL, THE UNITED STATES ATTORNEY OR A DESIGNATED AGENCY PURSUANT TO THE PROVISIONS OF THIS CHAPTER. NO PERSON PROVIDING NOTIFICATION OR INFORMATION TO A DISTRICT ATTORNEY, THE ATTORNEY GENERAL, THE UNITED STATES ATTORNEY OR A DESIGNATED AGENCY OR TESTIMONY IN ANY JUDICIAL OR NON-JUDICIAL PROCEEDING PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL BE LIABLE IN ANY CIVIL OR CRIMINAL ACTION BY REASON OF SUCH ACTION.

D) NOTHING HEREIN SHALL BE CONSTRUED TO LIMIT THE PROSECUTORIAL POWER OF A DISTRICT ATTORNEY, THE ATTORNEY GENERAL OR THE UNITED STATES ATTORNEY.

The information contained in this website is for general information purposes only. The General Court provides this information as a public service and while we endeavor to keep the data accurate and current to the best of our ability, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Unsupported Bill Output Format

The document text is in an unsupported format to view in a browser.

Please use the "Download PDF" link if you wish to View/Print this document.